Patna High CourtCR. MISC./33393/2013allowed

Anand Sah And ANR. v. The State Of Bihar

2013-12-23Mr. Justice Ramesh Kumar Datta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33393 of 2013 ======================================================

1. Anand Sah S/o Yogendra Sah Resident of Village Bakhariya, Police Station Majhauliya, District West Champaran.

2. Sudhir Sah @ Sudhir Prasad S/o Yogendra Sah Resident of Village Bakhariya, Police Station Majhauliya, District West Champaran. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 23-12-2013 Heard learned counsel for petitioner No.2, who is now the sole petitioner after the arrest of petitioner No.1 Anand Sah during the pendency of the application, and learned Additional P.P. for the State.

Learned counsel for the petitioner submits that only allegation against the petitioner is that he had snatched a golden chain worth Rs.30,000/- from Pappu Mishra, the son of the informant, at the time when assault was taking place. It is submitted that there is no allegation that the petitioner gave any blow on anyone much less any vital part of the body. It is further submitted by learned counsel that only simple injury has been caused to the son of the informant on the chest which has been found to be simple in nature. It is also submitted that the other injury on the son of the informant on the head is also found to be simple in nature and there is no allegation against the petitioner

Patna High Court Cr.Misc. No.33393 of 2013 (5) dt.23-12-2013 regarding any assault either on the son of the informant or anyone. On a consideration of the facts and circumstances, it is directed that the petitioner Sudhir Sah @ Sudhir Prasad, in the event of his arrest or surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.15,000/- (Rupees fifteen thousand) with two sureties of the like amount each in connection with Majhaulia P.S.Case No. 427 of 2012 to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah subject to the other conditions as mentioned in Section 438(2) of the Code of Criminal Procedure.

(Ramesh Kumar Datta, J) spal/-